Halle Berry is planning a court battle with her ex beau Gabriel Aubry in order to gain full custody of their 2-year-old daughter Nahla.

Berry's rep tells X17online:

"Halle has serious concerns for her daughter's well-being while in the care of her father for any extended period of time and is prepared to take all necessary steps to protect her."

The 44-year-old actress cancelled her plans to star in the upcoming movie New Year's Eve to be available for court hearings. Her role has now gone to Katherine Heigl.

As to why Berry has decided to take Aubry, 35, to court, her rep adds:

"She has attempted to resolve these custody issues amicably with her daughter's father, Gabriel Aubry, directly, but given his lack of cooperation, Halle has no choice but to seek swift judicial intervention."